REPORT 


OF  THE 


f 


STATE  LAND  BOARD 


OF  THE 


STATE  OF  TEXAS. 


AUSTIN,  DECEMBER  31,  1886 


AUSTIN: 


TRIPLETT  &  HUTCHINGS,  STATE  PRINT! RS 

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REPORT 


OF  THE 


STATE  LAND  BOARD 


OF  THE 


STATE  OF  TEXAS. 


AUSTIN,  DECEMBER  31,  1886. 


AUSTIN : 

TRIPLETT  A  HUTCHINGS,  STATE  PRINTERS 
1886. 


'b'bto*  \ 


Digitized  by  the  Internet  Archive 
in  2019  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/reportofstatelanOOtexa 


REPORT  OF  STATE  LAND  BOARD. 


Office  of  State  Land  Board,  ) 
Austin,  Texas,  December  31,  1886.  \ 

Honorable  Senate  and  House  of  Representatives: 

Gentlemen — Herewith  I  transmit  statements  of  the  transac¬ 
tions  of  the  State  Land  Board  since  the  organization  of  the 
same,  June  13,  1883,  up  to  December  31.  1886,  relating  to  the 
Common  School,  University  and  Asylum  lands,  to-wit: 

SALES — AGRICULTURE  AND  PASTURE  LANDS. 


Common  School,  acres .  3,000,000 

Blind  Asylum . % .  28,000 

Deaf  and  Dumb  Asylum . .  68,000 

Orphan  Asylum  .  60,000 

Lunatic  Asylum .  21,000 

University .  21,000 


Total .  3,198,000 


Of  these  sales,  about  $1,250,000  acres  were  sold  at  January, 
1884,  session,  under  competition,  before  sales  were  restricted  to 
settlers,  and  realized^an  average  price  of  $2.13  ;8 per  acre.  The 
balance  of  this  quantity,  1,948,000 : acres,  was  sold  under  rules 
restricting  sales  to  settlers,  without  competition,  at  $2  per  acre. 

SALES — TIMBER  LAND  (TYLER  COUNTY). 


One  thousand  two  hundred  and  eighty  acres,  at  $5  per  acre, 
cash  down  (in  three  tracts). 

SALES — TIMBER  (TYLER  COUNTY). 

One  thousand  nine  hundred  and  twenty  acres,  at  $5  per  acre, 
cash  down  (sold  under  provisions  of  section  15,  present  Act,  tim¬ 
ber  to  be  removed  within  four  years). 


4 


Report  of  State  Land  Board. 


List  of  Lands  forfeited  for  failure  to  pay  Interest ,  for  1885, 

in  Acres  and  by  Counties. 


Counties. 

Acres. 

Counties. 

Acres. 

A  ndrews . 

1  280 

Kent . 

640 

Anp-ftli  na_._rtt . 

ICO 

Jasper . '. . 

320 

Archer  . . . 

8  040 

Kerr . 

1,440 

Brown . . . . 

2  720 

Kinney  . 

1,920 

Ray  lor . 

7  520 

Lampasas . . . 

480 

Riirnot. . 

501 

Llano . . . 

160 

Tin  n  dura . . . 

1  G32 

La  Salle . 

1,920 

Bowie . 

*341 

Mitchell . 

15,360 

Borden . 

640 

Medina . 

640 

Bee . ( . . . 

320 

M enard . 

960 

Blanco . . . 

640 

Mason . 

1,464 

Bexar . 

1  028 

Matagorda.. . . 

640 

Concho . . . 

4007 

Montgomery . 

320 

Collingsworth . 

640 

Montague . 

160 

Caldwell . 

320 

Midland . 

12,800 

Crockett . 

5,760 

Mai  tin . . . 

19,040 

Callahan . . . 

4,468 

Nueces . 

1,280 

Comanche . . . 

3,895 

Nolan . . . 

2,240 

Coleman . . . 

1  760 

Pecos . . . 

8,960 

Carson . 

2,880 

Parker . 

320 

Crosbe . 

3  200 

Palo  Pinto . . . 

2,562 

Donlev. . . . 

640 

Presidio . 

21 ‘521 

Denton . 

37 

Reeves . 

7’2U0 

160 

Roberts . 

640 

. T.  -r, 

El  Paso* . . . 

3  371 

Red  River . 

375 

Encinal . 

960 

Rmmells . 

1,280 

Edwards . 

536 

stonewall . 

640 

Eastland . 

5,600 

Stephens . 

11 ,057 

Erath . . . 

3  040 

Shackelford . 

3,949 

Fisher . 

11,352 

San  Saba . 

5,280 

Garza.. . 

640 

Scurry  . 

2,560 

Gray . 

48,50S 

Starr . 

1,440 

Gaines.... . . . . 

640 

Taylor . 

3,425 

Gill1  spie  and  Kimble . 

1.600 

Throckmorton . 

1,280 

Hamilton . 

583 

Travis . 

640 

liar  ieman . 

37,440 

Tom  Green . 

74,295 

Haskell . 

1.120 

Uvalde . 

160 

Howard . 

18,560 

Wilbarger . 

17,760 

Harris . 

640 

Wichita . 

4,051 

Hall . 

640 

Wi  e  . 

320 

Jack . 

3,141 

Wi  Ison . 

320 

Jones . 

22,570 

Yon  ns- . 

2  452 

Kimble . . . 

9  580 

Zapata, . :  ... 

1/280 

Kendall  and  Kerr . 

800 

Knox .  . . 

5,028 

Total . 

465,181 

Note. — Forfeitures  for  year  1884  were  few,  and  the  Board 
allowed  lands  to  go  back  on  the  market.  For  year  1885,  regard¬ 
ing  forfeitures  as  shown  by  preceding  list,  the  Board  adopted 
the  following  order,  to-wit: 

RESOLUTION  NO.  22. 

Office  of  State  Land  Board,  ) 
Austin,  Texas,  August  3,  1886.  j 

Resolved ,  That  all  Common  School,  University  and  Asylum 
lands,  sold  under  the  provisions  of  the  Act  approved  April  12, 
1883,  which  may  become  forfeited  for  failure  to  pay  the  interest 
due  by  the  first  day  of  August,  and  which  lands  are  actually 
occupied  as  homesteads,  by  the  purchasers  or  their  vendees,  are 
hereby  declared  to  be  segregated  from  the  mass  of  Educational 
lands,  and  the  same  shall  not  be  subject  to  re-entry  or  purchase, 
except  to  the  actual  occupant,  while  so  occupied  as  homesteads, 


Report  of  State  Land  Board.  5 

until  the  Legislature  or  the  courts  of  the  country  shall  otherwise 
order. 

Resolved ,  further ,  That  as  the  improvements  on  all  forfeited 
lands  become  the  property  of  the  fund  to  which  the  land  belongs, 
the  actual  occupant  of  such  land  is  hereby  charged  with  the 
duty  of  preserving  such  property  from  destruction  or  removal. 

Under  this  order  the  Board  accept  new  files  from  all  settlers 
who  can  make  proof  of  settlement,  and  this  is  being  done  in  a 
great  many  cases. 


LEASE  DEPARTMENT. 

The  following  embraces  the  principal  transactions  in  this  de¬ 
partment  since  the  Act  of  1883  went  into  effect,  the  first  leases 
being  made  at  the  January,  A.  D.  1884,  sitting  of  the  Board: 


Net  receipts  from  leases .  $521,345  62 

Balances  due  by  lessees .  117,934  80 


The  above  figures  are  to  December  31,  1886,  and  a  considerable 
amount  of  the  balance  due  being  for  October,  November  and 
December  payments,  much  of  it  will  be  received  during  Janu¬ 
ary. 

Lessees  will  also  be  entitled  to  credit  for  a  large  number  of 
sections  sold  out  of  their  leases,  and  this  will  further  greatly 
reduce  the  amount  put  down  as  due  and  unpaid.  Credit  is  not 
given  for  sections  sold  at  the  time  the  sales  are  made,  for  the 
reason  that  the  Board  holds  that  the  lessee  remains  in  possession 
and  responsible  for  the  rent  until  the  purchaser  settles  in  com¬ 
pliance  with  the  terms  of  his  purchase  In  a  large  number  of 
cases  this  proof  of  settlement  has  not  yet  been  furnished,  and 
credit  has  consequently  not  been  given.  It  may  also  be  proper 
to  state  that  of  the  above  balance  the  sum  of  $22,260  is  due  on 
leases  of  public  domain  in  Greer  county. 

The  accounts  for  amounts  overdue  are  made  out  after  thirty  to 
sixty  days,  and  placed  in  the  hands  of  the  Attorney  General  for 
collection.  A  large  number  of  suits  have  been  brought  and 
many  collections  made  through  his  department.  I  am  also  ad¬ 
vised  that  many  large  amounts,  lately  falling  due,  are  in  process 
of  collection,  and  will  probably  be  received  before  the  meeting 
of  the  Legislature. 


Total  number  of  acres  leased .  .  4,341,449 

Erroneously  leased,  having  already  been  sold 

under  Act  of  1881,  acres .  65,920 

Sold  out  of  leases  under  Act  of  1883,  acres -  245,760 

Acres  cancelled,  lessees  insolvent . .  24,320 

Leases  expired,  acres .  9,600 

Leased  twice,  one  cancelled,  acres . .  3,200 

Cancelled  on  account  of  conflict,  acres. . . .  212 —  349,012 


Number  acres  leased  still  in  force .  3,992,43'i 


6 


Report  of  State  Land  Board. 


Kinds  and  Prices  of  Lands  Leased. 


Kind  of  Land. 

1 

No.  of  acres. 

Price. 

Snhnnl'  land .  . . 

708,403 

4,438 

04 

do 

04X 

do 

19^840 

044 

04| 

do 

43,200 

21,760 

do 

oil 

QO 

19^200 

7,680 

4,480 

1,954,483 

640 

05? 

do 

051 

do 

do  . 

054 

do 

do  . 

06 

do 

06J 

08 

do 

937,593 

640 

do 

08  X 

do 

10,080 

08| 

do 

640 

08? 

do 

640 

12 

do 

do 

102,018 

1,280 

640 

20 

201 

do 

20* 

50 

dn 

do .  . 

41 

Pi  l  hi  in  domain... . . . 

389,835 

40,253 

06 

do 

do  . . . 

08 

do 

do  . 

• 

665 

08? 

do 

do  . 

640 

08J 

TTniversitv .  .  . 

40,320 

29,440 

04 

do 

06 

do 

1,600 

08 

do 

160 

20 

Blind  Asvlnm .  . . .  .  . . 

80 

08 

do 

do  . 

120 

20 

T)paf  and  Dumb  Asvlnm .  . . . 

640 

08 

Total  ae.rps  fror>rpsontiri.o*  A  9  3  loasc  nnonnntfi'l . 

4,341,449 

The  following  order,  relating  to  the  sale  of  sections  improved 
by  lessees,  was  adopted  by  the  Board  January  12,  1886,  to -wit: 

“ Resolved ,  That  hereafter  no  application  to  purchase  leased 
lands  upon  which  the  lessee  has  placed  permanent  improve¬ 
ments,  such  as  buildings,  water  tanks  or  wells,  will  be  enter¬ 
tained  or  accepted  by  the  Board.  But  the  number  of  sections  of 
land  which  any  lessee  may  improve  under  this  rule  and  hold  free 
from  sale  pending  his  lease,  shall  not  exceed  one  section  to  each 
ten  sections  leased  by  him.” 

MINERALS  (ACT  1883,  P.  100). 

Seventy-eight  mineral  claims  have  been  filed  under  the  provis¬ 
ions  of  the  Act  approved  April  14,  1883,  covering  gold,  silver, 
lead,  copper,  coal  and  kaolin.  But  few  of  these  claims  are 
reported  as  being  at  all  remunerative,  and  only  $12.25  have  been 
paid  into  the  treasury  on  account  of  the  5  per  cent  gross  proceeds 
coming  to  the  State  out  of  these  mines. 

EXPENSES. 

Salaries  and  expenses  of  grass,  timber  and  mineral 

agents .  $10,431  02 

Six  of  these  agents  were  appointed  and  kept  in  the  field  ten 
months,  at  salaries  of  $150  per  month,  with  expenses  the  first 


Report  of  State  Land  Board. 


7 


five  months  paid.  The  timber  agent  effected  settlements  with 
parties  for  timber  unlawfully  cut  from  school  lands  amounting 
to  $1058.53,  of  which  sum  $335.90  have  been  paid  into  the  treas¬ 
ury.  The  balance  is  unpaid  and  the  accounts  in  hands  of  Attor¬ 
ney  General  for  collection. 

Salaries  of  surveyors  to  classify  school  lands,  paid  to 

date .  $7,446  57 

The  Board  have  appointed  five  of  these  surveyors,  at  salaries 
of  $200  per  month.  This  is  costing  the  funds  about  one  cent  per 
acre  to  mark  on  the  ground  two  corners  of  each  survey,  and  to 
obtain  returns  fully  classifying  each  quarter  of  each  survey. 


Paid  Hon.  J.  N.  Browning,  attorney  fee .  $1,000  00 

Paid  expenses  of  Attorney  General .  110  15 


(This  expense  covers  Goodnight  suits  and  suits  at  Colorado 
city,  defending  mandamus  suits  against  the  State’s  agent  to 
compel  the  State  to  make  awards  of  seven-section  applications.) 


Paid  clerks  of  the  Board . $17,857  00 

Paid  clerks  of  the  Board  (in  Land  Office) .  11,855  00 

Paid  for  postage . . .  475  00 

Paid  box  rent,  $1.50  per  quarter . .  21  50 

Paid  for  fuel . .  79  75 

Paid  notary  fees,  acknowledging  lease  contracts .  107  25 

Paid  for  office  furniture  and  fixtures .  29  55 


Below  is  appended  resolution  19  of  the  State  Land  Board,  being 
the  regulations  under  which  the  Board  is  now  operating,  and  is 
substantially  the  rule  under  which  all  sales  have  been  made  since 
the  adoption  of  the  first  resolution  (February  27, 1884,)  restricting 
sales  to  settlers  only,  and  limiting  the  quantity  to  not  more  than 
one  section  to  each  purchaser. 

The  changes,  by  the  number  of  resolutions  adopted,  having 
been  made  with  the  view,  as  far  as  possible,  and  as  experience 
dictated,  of  formulating  such  a  rule  of  sale  as  would  confine  the 
sah  s  to  bona  fide  settlers  and  at  the  same  time  prevent  abuses 
and  speculation. 


RESOLUTION  NUMBER  19. 

Resolved  by  the  State  Land  Board,  That  hereafter  Resolution 
No.  18,  of  this  Board,  shall  be  amended  to  read  as  follows: 

RESOLUTION  NUMBER  18. 

Resolved  by  the  State  Land  Board,  That  the  following  rules 
and  regulations  are  prescribed  for  the  sale  of  the  unwatered 
agricultural  and  pasture  lands: 

Any  person  who  is  twenty-one  years  of  age  and  who  desires 
to  secure  a  homestead  in  the  State  of  Texas,  is  authorized  to 


8 


Report  of  State  Land  Board. 


enter  upon  and  purchase  any  unsold  and  un watered  portion  of 
the  School,  University  or  Asylum  lands  of  the  State  of  Texas, 
not  to  exceed  640  acres,  at  the  minimum  price  fixed  by  law  for 
such  land  ($2  per  acre),  subject  to  the  following  regulations: 

1.  The  unwatered  agricultural  and  pasture  lands  can  only  be 
filed  upon  or  sold  in  tracts  of  160,  320,  480  or  640  acres  each,  ex¬ 
cept  in  cases  of  irregular  and  fragmentary  sections  or  sub  divis¬ 
ions  thereof,  in  which  cases  no  remnant  of  less  than  160  acres 
shall  be  left,  but  must  be  purchased  by  the  applicant.  The 
transfer  of  the  claim  or  interest  of  the  first  purchaser  of  any  of 
said  land  shall  not  be  made  until  after  such  purchaser  shall  have 
actually  settled  in  person  upon  the  land,  improved  it  and  made 
it  his  home. 

2.  Any  person  desiring  to  secure  such  a  homestead  on  any  of 
said  lands,  which  may  be  leased  or  unsold,  shall,  at  the  time  he 
or  she  has  made  selection,  file  with  the  county  or  district  sur¬ 
veyor,  or  other  agent  of  the  State  for  the  territory  in  which  such 
land  is  situated,  a  written  description  of  such  land,  giving  the 
name  and  number  of  certificate  by  virtue  of  which  it  was  origi¬ 
nally  surveyed,  the  number  of  survey,  number  of  block,  county, 
and  approximate  distance  from  county  seat  if  organized,  or  from 
geographical  center  of  the  county  if  unorganized,  witli  specific 
description  of  the  land  and  natural  products. 

3.  The  applicant  shall  at  the  same  time  make  and  subscribe 
the  following  oath  before  some  officer  in  the  county,  land  or 
judicial  distri'ct.  authorized  to  administer  oaths,  to- wit: 

I,  . . . ,  do  solemnly  swear  that  I 

desire  the  land  for  which  I  have  this  day  made  my  application 
for  a  homestead  for  myself;  that  I  will  within  ninety  days  be¬ 
come  an  actual  settler  and  resident  upon  the  said  land,  and 
will  continue  to  reside  upon  and  improve  the  same  for  the  period1 
of  three  consecutive  years;  that  during  the  said  time  I  will  not 
sell  the  same  to  any  other  person  except  to  such  person  as  will 
continue  to  reside  upon  and  improve  the  same  as  a  homestead; 
that  I  am  not  acquiring  the  same  in  trust  for,  or  for  the  use  and 
benefit  of  any  other  person,  and  I  have  not  directly  or  indirectly 
made  any  agreement  or  contract  with  any  person  whomsoever 
by  which  the  title,  claim  or  right  so  acquired  from  the  State 
shall  inure  in  whole  or  in  part,  by  lease  or  purchase,  or  in  any 
other  manner  whatever,  to  the  benefit  of  any  other  person,  firm 
or  corporation,  it  being  understood  that  no  transfer  of  my  inter¬ 
est  in  said  land  is  allowed  until  after  I  have  actually  settled 
upon  the  land  and  improved  it  as  my  home;  that  I  am  twenty  - 
one  years  of  age.  It  is  understood  and  agreed  that  I  am  to  pay 
to  the  State  of  Texas,  on  the  first  day  of  January  of  each  year, 
one-thirtieth  of  the  value  of  the  said  land,  with  five  per  cent  inter¬ 
est  on  the  unpaid  principal;  that  any  installment  of  principal,  ex¬ 
cept  the  first,  may  be  deferred  until  the  expiration  of  thirty  years, 
but  that  the  whole  of  the  purchase  money  shall  be  paid  within 
thirty  years,  and  that  the  interest  due  will  be  paid  on  or  before 
the  first  day  of  August  of  each  year;  that  my  classification  of 
the  said  land  as  to  water  and  timber  is  true.  It  is  further  under¬ 
stood  that  any  violation  of  any  of  the  provisions  of  the  law,  or 
any  violation  of  the  rules  and  regulations  of  the  State  Land 


Report  of  State  Land  Board. 


9 


Board  prescribing  the  manner  of  purchasing  said  lands,  or  a 
failure  to  settle  upon  and  improve  the  land  within  ninety  days 
from  the  date  of  award  by  the  Board,  or  any  failure  to  make  any 
of  the  payments  required  by  law  or  said  regulations,  shall  work 
a  forfeiture  of  all  money  paid  on,  and  all  claims  to,  the  said  land 
without  judicial  proceedings.  It  being  also  understood  and  agreed 
that  the  object  of  the  sale  to  me  is  for  the  purpose  of  securing  a 
bona  fide  settler  on  the  land;  and  it  is  further  understood  that, 
after  the  expiration  of  said  three  years  of  actual  residence,  I 
shall  have  the  right,  under  such  regulations  as  may  be  prescribed 
by  law,  to  pay  the  whole  amount  of  principal  and  interest  due 
the  State  for  said  land,  and  procure  a  patent  therefor. 

4.  It  shall  be  the  duty  of  the  surveyor  or  other  agent  of  the 
State  to  register  the  description  above  named  in  a  book  to  be 
kept  for  that  purpose,  and  endorse  thereon  such  registry,  date, 
and  sign  the  same,  and  return  it  to  applicant,  who  shall  immedi¬ 
ately  forward  the  application,  with  the  above  prescribed  oath 
and  one-thirtieth  of  the  value  of  the  land,  to  the  Secretary  of  the 
State  Land  Board,  at  Austin,  Texas,  giving  to  the  said  Secretary 
his  postoffice  address;  and  any  failure  to  so  file  said  application, 
with  the  payment,  in  the  office  of  the  Secretary  of  the  State  Land 
Board  within  fifteen  days  from  date  of  registration,  by  the  officer 
required  to  register  the  same,  shall  render  said  file  null  and  void, 
and  the  land  so  filed  upon  shall  be  subject  to  sale  to  other  appli¬ 
cants.  For  such  registry  the  surveyor  shall  be  authorized  to  re¬ 
ceive  or  collect  from  the  applicant  a  fee  of  one  dollar.  The  sur¬ 
veyor  or  other  agent  shall  also  forward  to  the  Secretary  of  the 
State  Land  Board,  at  Austin,  on  Monday  of  each  week,  a  state¬ 
ment  showing  the  names  of  the  applicants  who  have  filed  appli¬ 
cations  in  his  office  to  purchase  any  School,  University  or  Asy¬ 
lum  lands  during  the  preceding  week,  giving  date  of  file  and 
description  of  land.  (Blanks  will  be  furnished  for  this  purpose 
by  the  State  Land  Board.) 

5.  As  soon  as  such  payment,  with  the  above  -named  papers 
in  proper  form,  has  been  received  by  said  Secretary,  he  shall 
issue  his  receipt  for  such  payment,  and  immediately  forward  it 
with  application  and  oath  to  the  Commissioner  of  the  General 
Land  Office,  who  will  file  the  same  as  archives  in  his  office,  and 
forward  to  the  applicant,  at  the  postoffice  address  given  by  him, 
his  certificate  of  such  payment,  and  said  land  will  be  regarded 
as  sold  until  such  time  as  a  forfeiture  may  be  declared  by  the 
State  Land  Board,  or  such  other  tribunal  as  may  be  prescribed 
by  law. 

6.  That  until  otherwise  provided,  the  Board  will,  in  case  of 
contest  or  conflict  between  actual  settlers  upon  the  same  section, 
decide  such  contest  according  to  the  equities  of  the  case  as  pre¬ 
sented. 

F.  R.  Lubbock, 

Acting  Chairman  of  State  Land  Board 


